From Surf to Surfing:How a NJ Court might rule on Filters & Libraries

[Thomas W. Perrin]

In a decision announced yesterday, the New Jersey Court of Appeals in  
WILLIAM FLEUHR, Plaintiff-Appellant, vs. CITY OF CAPE MAY,  
Defendant-Respondent, and JOHN DOE and COUNTY OF CAPE MAY, Defendants,
 indicated how it "might" rule in any case involving an internet filter
 and a public library. This case was reported in the Trenton, NJ Times 
on Thursday, July 31, 1997 (Associated Press) on page A7, and the 
complete opinion is available on the internet at:
 http://www-camlaw.rutgers.edu/courts/appellate/a0846-96.opn.html.
 
The Appeals Court decision involved a bather who broke his neck
when hit by a wave caused by Hurricane Emily. 

The court in its opinion ruled that municipalities are free of liability
if they provide no lifeguards at all, but do incur liability if there is
"some conduct, no matter how minute, evidencing an intention to
supervise by way of monitoring."

The parallels to the filter debate are very strong, and perhaps ought to
be considered by those who would filter/censor.
 

 Tom Perrin